02-35CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2 002 - 35
RESOLUTION ADOPTING NOTICE OF ABATEMENT
WHEREAS, the City Building Inspector has identified the following City
ordinance violations, Nuisance Ordinance Section 6-2-2 subd. C&F; Individual
Sewage and Wastewater Treatment Ordinance Section 8.40 on that property
located at 15972 62nd St. NE, Elle River, Minnesota and owned and/or occupied by
Gary and Venessa Aslagson; and
WHEREAS, notice of said violations were served upon the property owner and/or
occupant on or about August 29, 2001, said notice setting forth the violations and
providing a reasonable time period in which to come into compliance; and
WHEREAS, the owners and/or occupants have failed to remedy the violations;
and
WHEREAS, the Office of the City Attorney on August 16, 2002 notified the
owners and/or occupants of the City of Otsego's intent to consider abatement of
the violations on the property, as set forth above, and of their right to appear in
front of the City Council and present any testimony or evidence relative to this
matter; and
WHEREAS, the City did hold a hearing on August 26, 2002 at the Otsego City
Hall at which time the owners and/or occupants had an opportunity to appear and
be heard; and
WHEREAS, the City Council has reviewed the evidence and materials presented
and finds that the ordinance violations constitute public health and safety hazards,
as defined by the City's nuisance ordinance and Individual Sewage and
Wastewater Treatment Ordinance.
THEREFORE, the City Council of the City of Otsego makes the following
Findings and Order:
1. That the owners and/or occupants of the property identified above have
created and are maintaining a public nuisance upon their property creating a
hazard to public health and safety and as defined by the City's nuisance ordinance
and Individual Sewage and Wastewater Treatment Ordinance.
2. That the owners and/or occupants are hereby given days from the date
of service of this Notice of Abatement to abate those nuisances upon their property
of which they were notified and provided opportunity to be heard.
3. That in the event that they fail to fully comply with this order the City
Council directs the Building Inspector, City Administrator, Code Enforcement
Attorney and City Attorney to proceed to cause abatement of the nuisances by the
City, including procurement of contractors, storage, and any necessary Court
orders to effectuate this Order.
4. That in the event that City action to abate the nuisances is necessary all City
incurred costs, including legal and administrative fees, shall be billed to the owner
and/or occupant of the property, and if not timely paid after billing said costs shall
be certified to the County Auditor as an assessment against the described property.
5. The documents, reports, letters, pictures and other data supplied to the City
Council are herein incorporated by reference.
ADOPTED this 2 6th day of August , 2002.
IN FAVOR: Mayor Larry Fournier; Councilmembers: Vern Heidner,
Jerry Struthers, Suzanne Ackerman and Jerry Struthers
OPPOSED: None
CITY OF OTSEGO
2
.vrw%
A- Ci Clerk
Ci